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<br />200808234 <br /> <br />(a) Beneficiary or Trustee or the court officer (as the case may be as the Person <br />conducting any sale) may conduct any number of sales as Beneficiary may direct from time to time. <br />The power of sale hereunder or with respect hereto shall not be exhausted by any sale as to any part <br />or parcel of the Mortgaged Property which is not sold, unless and until the Obligations shall have <br />been paid in full, and shall not be exhausted or impaired by any sale which is not completed or is <br />defective. A sale may be as a whole or in part or parcels and Trustor hereby waives its right to direct <br />the order in which the Mortgaged Property or any part or parcel thereof is sold. <br /> <br />(b) Any sale may be postponed or adjourned. by public announcement at the time <br />and place appointed for such sale or such postponed or adjourned sale without further notice. <br /> <br />(c) Any statement of fact or other recital made in any instrument given by the <br />Person conducting any sale as to the nonpayment of any Obligation, the existence of an Event of <br />Default, the amount of the Obligations due and payable, the request to Beneficiary or Trustee to sell, <br />the notice of the time, place and terms of sale and of the Mortgaged Property to be sold having been <br />duly given, or any other act or thing having been duly done or not done by Trustor, Beneficiary, <br />Trustee, or any other Person, shall be taken as conclusive and binding against all other Persons as <br />evidence ofthe truth of the facts so stated orrecited. <br /> <br />(d) Any sale shall operate to divest all of the estate, right, title, interest, claim and <br />demand whatsoever, whether at law or in equity, of Trustor in and to the Mortgaged Property sold, <br />and (to the extent permitted under applicable law) shall be a perpetual bar both at law and in equity <br />against Trustor and any and all Persons claiming such Mortgaged Property or any interest therein by, <br />through or under Trustor. <br /> <br />(e) At any sale, Beneficiary may bid for and acquire the Mortgaged Property sold <br />and, in lieu of paying cash therefor may make settlement for the purchase price by causing the <br />Secured Parties to credit against the Obligations, including the expenses of the sale and the cost of <br />any enforcement proceeding hereunder, the amount ofthe bid made therefor to the extent necessary <br />to satisfy such bid. <br /> <br />(f) In the event that Trustor or any Person claiming by, through or under Trustor <br />shall transfer or fail to surrender possession of the Mortgaged Property after any sale thereof, then <br />Trustor or such Person shall be deemed tenant at sufferance of the purchaser at such sale, subject to <br />eviction by means offorcible entry and unlawful detainer proceedings, or subject to any other right <br />or remedy available, hereunder or under applicable law. <br /> <br />(g) Upon any sale, it shall not be necessary for the Person conducting such sale to <br />have any Mortgaged Property being sold present or constructively in its possession. <br /> <br />(h) To the extent permitted under applicable law, in the event that a foreclosure <br />hereunder shall be commenced by Beneficiary or Trustee, Beneficiary or Trustee may at any time <br />before the sale abandon the sale, and may institute suit for the collection of the Obligations or for the <br />foreclosure of this Deed of Trust; or in the event that Beneficiary should institute a suit for collection <br />of the Obligations or the foreclosure ofthis Deed of Trust, Beneficiary may at any time hefore the <br />entry of final judgment in said suit dismiss the same and sell the Mortgaged Property in accordance <br />with the provisions of this Deed of Trust. <br /> <br />-17- <br />